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GT Business Immigration Observer
December 2003

Visa Application Processing Delays

Today most visa applicants have been subject to make an appointment and appear for a personal interview - a policy that has resulted in severe back-logs at many posts.

Schedule an Appointment in Advance

International employees who are traveling across borders and are in need of a new visa should research the availability of appointments at a consular post before making travel plans. When possible, it is a good idea to book an appointment in advance to avoid a longer stay in the country than intended. For a list of U.S. consulates, please visit http://usembassy.state.gov.

Is Revalidation an Option for You?

Nonimmigrant workers who are in E, H, I, L, O, or P categories may wish to apply for visa revalidation with the U.S. State Department in Washington D.C. to avoid the long lines at a consulate abroad. To be eligible, you must already have a visa in the correct classification that has not been expired for more than one year. You may apply as early as 60 days prior to the expiration date of your current visa. Keep in mind that current processing times are approximately fourteen weeks. For more details on application procedures, please visit Revalidation program.

However, it is important to note that if you are a national of one of the countries found on the list 26 countries, you may want to think twice about revalidating. Although no written policy has been issued by the Department of State (DOS), it appears that there are important and unpublished changes to the Revalidation program. Greenberg Traurig has been receiving revalidation denials with broad language stating that there is not enough information to issue a new visa. Passports are returned without visas issued for individuals who are nationals and/or citizens of one of the countries on the list. These include the following: Iran, Iraq, Libya, Syria, Sudan, Bangladesh, Egypt, Indonesia, Jordan, Kuwait, Pakistan, Saudi Arabia, Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, United Arab Emirates, and Yemen. DOS again has not issued a formal policy stating they will not accept applications from the list of 26 countries. However, a pattern of denials of applications from nationals of these countries appears to be forming.

Moreover, the State Department has formally confirmed that it will not process any visa revalidation application from an applicant who is a national and/or citizen of one of the seven countries that have been designated as state sponsors of terrorism. These are: Cuba, Iran, Iraq, Libya, North Korea, Syria and Sudan.

The State Department is taking between 10-12 weeks to process revalidations from the time that the application is received and entered into the database at the Visa Office in Washington, D.C. Apparently, it takes up to four weeks to enter such information, making the entire process one which can take up to 18 weeks or longer.

Appointments in Canada and Mexico

It is still possible for citizens of a “third” country to apply for a visa at certain posts in Canada or Mexico. A word of caution before traveling for the purpose of renewing your visa—if your visa application is denied, you may be required to travel to your home country to apply for a visa before you can reenter the United States (see Automatic Visa Revalidation below). Also consider that due to additional security checks, especially for nationals of countries that are state sponsors of terrorism, visa processing may take anywhere from a couple of days to several weeks. Visit http://www.nvars.com/ for more information on available posts and appointments.

Final Rule on Automatic Visa Revalidation

Automatic Visa Revalidation is still available for some non-immigrants. The program allows certain non-immigrants to reenter the United States, despite having expired visas, after visits to Canada or Mexico for less than 30 days. However, if the purpose of the visit is to renew your visa and the application is denied, you must first obtain a new visa from a U.S. consulate in your home country before you may return to the United States. Please note that nationals of countries that are state sponsors of terrorism must always have a valid visa in the appropriate classification to enter the United States and are not eligible for automatic visa revalidation.

 

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